On China's Sentencing Suggestion System

Sentencing suggestion system is an important breakthrough of modern criminal justice, it originated in Anglo-American law system of defense trial mode, first appeared mainly in view of the minor crime, pay attention to case justice aims to achieve universal justice premise, realize the sentence with, the connection with the sentencing proposal system through the law transplanted into China, after a pilot reform, and ultimately be revised points are established. With the advancement of the process standardization, mentioned with conviction sentencing equally important position, as with charge function and the function of legal supervision and legal system, sentencing suggestion system in the protection of the litigation rights of the parties, improve judicial efficiency, restrict the judicial discretion, strengthen supervision and has important significance in aspects of the trial. Modern judicial value pursuit of sentencing suggestion is no longer merely a written to a people's court sentencing, also includes the review and judgment of sentencing evidence, to the defendant guilty of reasoning and argument, and the result of the sentencing of legal supervision. Fine sentencing, however, the lack of specification, lead to sentencing evidence review, judgment, lack of specific requirements and standards, sentencing reasoning and the content and function of sentencing debate also didn't get adequate attention and reflected, sentencing supervision on judicial organ also lack the institutional guarantee and restriction mechanism, to a certain extent influence the development of the sentencing proposal system, weaken the actual effect of sentencing recommendations. Based on the basic line of public prosecution organ sentencing suggestion work actual situation, from the theory and practice level analyzes the plight of the sentencing recommendations and causes, puts forward corresponding countermeasures, in order to really play the function and role of the sentencing recommendations.